20060314 TZHC Bukoba

20060314 TZHC Bukoba

The petitioner is not indigent and not entitled to total exemption from security for costs. However, requiring the maximum cash deposit would cause considerable hardship. The petitioner is ordered to pay one million shillings per respondent as security for costs within 14 days, or alternatively, to deposit a title deed for immovable property valued over two million shillings as security.

Citation
20060314 TZHC Bukoba
Parties
Petitioner: Choya Anatory Kasazi; 1st Respondent: Kashemeza Phares Kabuye; 2nd Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 March 2006
Procedural Posture
Misc. Civil Cause (election Petition) / Ruling on Application for Exemption or Alternative Security for Costs
Outcome
Application partly allowed
Legal Topics
Security for Costs, Exemption From Security, Alternative Security, Election Petition Procedure
Source Language
English
Election Law Civil Procedure Security for Costs Exemption From Security Alternative Security Election Petition Procedure

Case Brief

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Parties

Choya Anatory Kasazi

Petitioner

Kashemeza Phares Kabuye

1st Respondent

The Attorney General

2nd Respondent

Procedural Posture

Misc. Civil Cause (election Petition) / Ruling on Application for Exemption or Alternative Security for Costs

Legal Issues

  1. 1 Whether the petitioner should be exempted from payment of cash security for costs under s.111(5)(b) of the National Elections Act
  2. 2 Whether alternative security should be accepted in lieu of cash deposit
  3. 3 Whether the petitioner is indigent or capable of paying security for costs

Ratio Decidendi

The petitioner is not indigent and not entitled to total exemption from security for costs. However, requiring the maximum cash deposit would cause considerable hardship. The petitioner is ordered to pay one million shillings per respondent as security for costs within 14 days, or alternatively, to deposit a title deed for immovable property valued over two million shillings as security.

Court Disposition

Application partly allowed

Orders

  • Applicant to pay one million shillings as security for costs for each respondent within 14 days
  • Alternatively, applicant may deposit a title deed for immovable property valued over two million shillings as security